The Superior Court of Justice of Entre Ríos, after granting the appeal filed by the Municipality of Concordia, rejected the ruling established in the courts of our city that ordered the reinstatement of a contracted employee.
The ruling highlighted, among other arguments, that “the only way to enter employment that grants the guarantee of proper stability is the one established by the Provincial Constitution, that is, through a competitive examination. In turn, Law 10027 establishes that entry into employment must be preceded by a competitive examination that ensures equal opportunities and is free from discrimination.”
Within that “constitutional and legal framework, it is undoubted that the plaintiff, not being a public employee, lacks the right to the reinstatement he seeks,” establishing that “the amparo through which the plaintiff has requested reinstatement to the municipality cannot prosper.”
The ruling was issued this Thursday, February 26, without setting precedents for possible similar actions that may be brought against the Municipality of Concordia.
The ruling highlighted, among other arguments, that “the only way to enter employment that grants the guarantee of proper stability is the one established by the Provincial Constitution, that is, through a competitive examination. In turn, Law 10027 establishes that entry into employment must be preceded by a competitive examination that ensures equal opportunities and is free from discrimination.”
Within that “constitutional and legal framework, it is undoubted that the plaintiff, not being a public employee, lacks the right to the reinstatement he seeks,” establishing that “the amparo through which the plaintiff has requested reinstatement to the municipality cannot prosper.”
The ruling was issued this Thursday, February 26, without setting precedents for possible similar actions that may be brought against the Municipality of Concordia.